BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1023 (Committee on Judiciary) - Courts:  judgeships
          
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          |Version:  February 12, 2016     |Policy Vote:  JUD. 7 - 0        |
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          |Urgency:  No                    |Mandate:  No                    |
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          |Hearing Date:  April 18, 2016   |Consultant:  Jolie Onodera      |
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          This bill meets the criteria for referral to the Suspense File. 

          

          Bill  
          Summary:  SB 1023 would appropriate $5 million from the General  
          Fund for the purpose of funding 12 new superior court  
          judgeships, and accompanying staff, as specified. 


          Fiscal  
          Impact:  
           First-year costs of $5 million (General Fund), assuming  
            funding for six months in Fiscal Year 2016-17.
           Future annual costs ranging from $10 million to $15.6 million  
            (General Fund), dependent on the level of staffing complement  
            funded.     


          Background:  Existing law requires the Judicial Council to report to the  
          Legislature on or before November 1st of every even-numbered  
          year on the need for new judgeships in each superior court  








          SB 1023 (Committee on Judiciary)                                  
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          (Government Code § 69614(c)(1)). In its most recent report, The  
          Need for New Judgeships in the Superior Courts: 2014 Update of  
          the Judicial Needs Assessment, the Judicial Council reports that  
          nearly 270 new judicial officers are needed in 35 courts to meet  
          the workload-based need for new judgeships.
          As stated in the report, "The public's right to timely access to  
          justice is contingent on having adequate judicial resources in  
          every jurisdiction. The number of judgeships authorized and  
          funded by the Legislature has not kept pace with workload,  
          leaving many courts with serious shortfalls-as high as nearly 70  
          percent-between the number of judgeships needed and the number  
          that have been authorized and filled. Securing new judgeships is  
          one of the core elements of the Chief Justice's Three-Year  
          Blueprint for a Fully Functioning Judicial Branch and has been a  
          top priority for the Judicial Council for many years."

          AB 159 (Jones) Chapter 722/2007 authorized the creation of 50  
          new judgeships to be filled pursuant to budget authorization  
          beginning May 2008. AB 159 also authorized the conversion of up  
          to 162 subordinate judicial officer (SJO) positions to judgeship  
          positions upon a voluntary vacancy of the SJO position, up to a  
          maximum of 16 conversions per fiscal year. To date, funding for  
          the 50 authorized judgeships has not been provided.

          In an effort to help reduce strain on the courts and ensure  
          Californians' access to justice, this bill would fund 12 of the  
          50 judgeships previously authorized by AB 159, allocated  
          pursuant to the latest Judicial Needs Assessment approved by the  
          Judicial Council. Accordingly, if chaptered, this bill would  
          allocate the 12 judges as follows:  four to San Bernardino  
          County, three to Riverside County, and one each to Fresno, Kern,  
          Los Angeles, San Joaquin, and Stanislaus Counties.


          Proposed Law:  
            This bill would appropriate $5 million from the General Fund  
          for the purpose of funding 12 new superior court judgeships, and  
          accompanying staff, as authorized pursuant to Government Code §  
          69614.2. This bill would require the Judicial Council to  
          determine the allocation of the funded judgeships pursuant to  
          uniform criteria, as specified, and as updated and approved by  
          the Judicial Council.









          SB 1023 (Committee on Judiciary)                                  
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          Prior  
          Legislation:  SB 229 (Roth) 2015 as enrolled and presented to  
          the Governor was identical to this bill. SB 229 was vetoed by  
          the Governor with the following message:
          This bill appropriates $5 million from the General Fund for 12  
          new superior court judgeships and accompanying staff. I am aware  
          that the need for judges in many courts is acute - Riverside and  
          San Bernardino are two clear examples. However, before funding  
          any new positions, I intend to work with the Judicial Council to  
          develop a more systemwide approach to balance the workload and  
          the distribution of judgeships around the state.


          SB 1190 (Jackson) 2014 would have appropriated funding for 50  
          previously authorized judgeships and two new appellate justices,  
          authorized 50 additional judgeships, and increased the number of  
          appellate justices by two in the San Bernardino/Riverside area.  
          This bill was held on the Suspense File of this Committee.

          SB 405 (Corbett) Chapter 705/2011 ratified the authority of the  
          Judicial Council to convert 10 additional subordinate judicial  
          officer (SJO) positions in eligible superior courts to  
          judgeships in FY 2011-12, where the conversion will result in a  
          judge being assigned to a family law or juvenile law assignment  
          previously presided over by an SJO.  
          
          SB 377 (Corbett) 2009 would have, upon appropriation in the  
          Budget Act, established 50 new superior court judgeships. This  
          bill was held on the Suspense File of this Committee.

          SB 1150 (Corbett) 2008 would have, upon appropriation,  
          established 50 new superior court judgeships in the 2009-10  
          fiscal year. This bill was held on the Suspense File of this  
          Committee.

          AB 159 (Jones) Chapter 722/2007 authorized 50 additional  
          superior court judgeships and enacted additional reporting  
          requirements regarding the diversity of the applicant pool for  
          judgeships. This bill also authorized the conversion of up to  
          162 subordinate judicial officer (SJO positions to judgeship  
          positions upon a voluntary vacancy of the SJO position, up to a  
          maximum of 16 conversions per fiscal year.








          SB 1023 (Committee on Judiciary)                                  
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          SB 56 (Dunn) Chapter 390/2006 authorized 50 additional superior  
          court judgeships and required reporting on the diversity of  
          judges and the applicant pool for judgeships.

          SB 1857 (Burton) Chapter 998/2000 created 20 new trial court  
          judgeships and 12 new appellate court judgeships.

          AB 1818 (Baca) Chapter 263/1996 created 21 new trial court  
          judgeships and five new appellate court judgeships.


          Staff  
          Comments:  The $5 million General Fund appropriation is  
          estimated to fund 12 new superior court judgeships and  
          accompanying staff for the last six months of Fiscal Year  
          2016-17, allowing for the time likely required to make  
          appointments should the bill be enacted. This half-year estimate  
          utilizes a reduced staffing ratio to complement each judgeship.  
          Assuming funding continues at this reduced rate, future annual  
          costs to fund the 12 judgeships and accompanying staff would be  
          $10 million (General Fund).  
          The Judicial Council has indicated the ongoing cost of a new  
          judgeship with a full staffing complement of 8.87 FTEs (support  
          staff salaries, benefits, and operating costs) plus 0.42 FTE for  
          a court interpreter at approximately $1.3 million per judge. At  
          this fully funded rate, the annual cost of funding 12 judgeships  
          and accompanying staff would be $15.6 million (General Fund). 




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